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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Robbery - Demand Money - s99

 

s99 Crimes Act
With menaces, or by force, demands any property from any person, with intent to steal the same,
Maximum penalty – 10 years

Amended to the following in Dec 2001
(1) With menaces, or by force, demands any property from any person, with intent to steal the same
Maximum penalty – 10 years
(2) In company of another person or persons
Maximum penalty – 14 years 

Case
(age if known)

OffencesPleaSentenceAppealRecordFacts

Christie

(37)

[1999] NSWCCA 444

2 x s.99PG

MT 3y

AT 1y

ADsexual offences

Demanded and received money from building society - planned - attempt to disguise - no weapon used but made threat.

Long history of alcoholism - contrition

Truong

(24)

[1999] NSWCCA 272

s.99PG

MT 3y 6m

AT 1y 2m

ADsignificant including Att ARGroup of men demanded money from brothel

Bulling

[1999] NSWCCA 429

2 x s.99PG

MT 3y

AT 1y

(each – concurrent)

AA

MT 2y

AT 2y

 

Demanded money from service station – on first occasion gave impression he was armed and took $355 – on second occasion took $155 and cigarettes – observed to be intoxicated on second occasion

Alcoholism – special circumstances

Nguyen

(24)

[2000] NSWCCA 44

s.99VG

MT 3y 6m

AT 1y 2m

ADnot relevant

With co-offenders visited brothel to demand protection money - two co-offenders outside with guns

Refugee

Wong

(18)

[2003] NSWCCA 247

4 x s.99(1)

 

Mal damage window

PG

Total:

2y 6m

NPP 1y 6m

AD Member of gang who spent 6 weeks preying on Asian shopkeepers and restaurant owners demanding and receiving protection money – offender was part of show of force on several occasions when demands made – at request of leader splashed paint across front window of one establishment in response to resistance

Smith

(20)

(2004) 144 A Crim R 577

NSWCCA

s.99(1)

PG

(25%)

3y

NPP 2y

ADPoor – breached suspended sentence

Seized victim by shirt in street and demanded money – searched bag, shoes and pocket

Judge erroneously took into account $200 stolen but no lesser sentence warranted at law

J Antoun

(37)

 

A Antoun

(44)

 

[2004] NSWCCA 268

s.99(1)

 

 

s.99(1)

VG

 

 

VG

6y

NPP 4y 6m

 

3y 6m

NPP 2y 6m

AD

Lengthy record

 

 

No previous gaol – out of character

Threatened nightclub owner for protection money over several months

AA less culpable

Wright

(32)

[2006] NSWCCA 122

6 x s.99(1)

 

Sched:

7 x s.99

PG

(40% plea and assist)

4y

NPP 3y

ADNilOffender and victim worked together in store – victim saw offender stealing and told employer - offender lost his employment – on 13 occasions offender forced victim to withdraw money from his bank account threatening to bash and kill victim – extorted almost $9k - serious threats of violence over period of time.

Cage

(21)

[2006] NSWCCA 304

s.99(1)

 

 

 

s.99(2)

 

 

Assault

 

Sched

Mal damage

Assault

PG

(15%)

12m

NPP 9m

 

 

15m

NPP 6m

 

7m

NPP 5m

 

Total:

2y

NPP 15m

Crown AA

2y

NPP 1y

 

2y 6m

NPP 18m

 

FT 7m

 

 

Total:

3y

NPP 2y

lengthy – breached bond

All offences committed within short space of time – two groups approached each other on street late at night – demanded wallet from victim and threatened twice to stab – subsequently part of about nine males who approached two males in shopping centre car park – demanded wallet – punched and chased victim – returned and damaged car – approached by first victim and victim's mother and brother – spat in face of mother and threatened to stab – mid range seriousness

Difficult childhood and drug addiction – suffering some mental health issues

Lenard

 

 

 

 

 

 

 

 

 

 

Fail

 

[2006] NSWCCA 345

s.99(1)

 

Att influence witness

 

 

 

 

 

 

 

s.99(1)

 

Att influence witness

VG

 

 

 

 

 

 

 

 

 

 

VG

2y 9m

NPP 1y 2m

 

 

1y 11m

NPP 1y 5m

 

Total:

3y 2m

NPP 1y 7m

 

3y

NPP 1y 3m

 

2y

NPP 18m

 

Total:

3y 6m

NPP 1y 9m

Crown AA

4y

NPP 1y 7m

 

3y

NPP 1y 6m

 

Total:

4y 6m

NPP 2y 1m

 

4y

NPP 1y 9m

 

3y

NPP 1y 6m

 

Total:

4y 6m

NPP 2y 3m

 

Uncle of L involved in home invasion where victim's computer stolen – offenders involved in subsequent extortion campaign seeking $200,000 for return of computer – 8 phone calls, two letters and two emails – L made 3 phone calls – F sent one letter and arranged two phone calls – offenders arranged meeting to hand over computer – planning – equal culpability

L showed slightly more remorse

Took into account on appeal imminent release

Marcus

(31)

[2007] NSWCCA 229

s.99(1)PG

3y 6m

NPP 2y

ADViolence and propertyThreatened two men – forced transfer of $30,000 car – sustained offence over several days

Han

[2009] NSWCCA 300

s.99(2)

 

 

s.99(2)

VG

3y

NPP 2y

 

FT 12m

(concurrent)

AD As owner of restaurant believed employee stole money – manager of restaurant and others brought victim to room and demanded $15,000 compensation for money stolen – threatened victim and girlfriend – victim signed IOU under threat – no money repaid – threatened again 8 months later when money not repaid – threats made by offender

Vaelia

[2010] NSWCCA 113

s.99(2)

PG

(15%)

4y 3m

NPP 2y 1m 15d

ADBreached bailThree offenders approached male at train station – demanded money and pushbike – punched and kicked victim

King

(27)

[2010] NSWCCA 202

s.99(2)

 

 

s.94 Steal from person

 

Sched:

s.94

GIC

PG

(15%)

2y 9m

NPP 2y 25d

 

FT 1y 10m 28d

(concurrent)

ADlengthy – includes armed robbery – breached bail

Female – approached victim with group of offenders – demanded phone – victim threatened by co-offender – later that day approached second victim in company of two offenders and took phone from phone pouch – stole money and cigarette holder from third female victim – found in possession of stolen cards – all offences committed on same day while intoxicated

Born in New Zealand – sexually abused and exposed to violence in childhood – early drug and alcohol abuse – mother to two young children

Delaney

(48)

[2013] NSWCCA 150

2 x s.99(2)

 

 

 

s.99(1)

 

 

Deal with proceeds of crime

VG

2y

NPP 14m

(each)

 

18m

NPP 10m

 

2y

NPP 14m

 

(all concurrent)

Crown ADAOABH

Victim opened tattoo parlour – offender member of Rebels Motorcycle Club – with other members threatened victim and directed victim pay $200 per week or "we can run you out of town" - victim met and handed over initial amount of $200 to offender – took total of $400 from offender

Regretted involvement with Club – difficult upbringing – loving father to 2 children – depression

Related case – CONNELL

Connell

(50)

[2013] NSWCCA 155

13 x s.99(2)

 

11 x Deal with proceeds crime

PG

(10%)

Aggregate

3y 3m

NPP 1y 9m

Crown ADLengthy history for dishonesty.  Drugs, assault, AOABH.

Victim opened tattoo parlour - members of Rebels Motorcycle Club threatened victim and directed victim pay $200 per week - offender participated in joint criminal enterprise to extort protection – attended victim's shop on twelve occasions and received various amounts in cash – $1,817.30 cash located in car - $750 from victim - offences of knowingly deal with proceeds of crime related to receipt of monies by offender from victim - callous behaviour

Difficult upbringing

Related case: DELANEY

Last updated: 20.9.2018

 

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